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Neutral Citation No. - 2025:AHC:31590-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3703 of 2025 Petitioner :- Sachin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Vashistha Counsel for Respondent :- G.A.,Mohit Gautam Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Heard Sri Ajay Kumar Vashistha, learned counsel for the petitioner, Sri Mohit Gautam, learned counsel for respondent no.3/victim/informant, learned A.G.A for the State-respondents and perused the record.
2. The writ petition seeks quashing of the F.I.R. dated 10.09.2024 giving rise to the Case Crime No.0284 of 2024, under Sections 333, 74, 351(2), 64 of B.N.S., Police Station Sahawar, District Kasganj.
3. Learned counsel for the petitioner submits that petitioner has been falsely implicated by the informant, who herself is a married women having two children. He also submitted that informant has falsely alleged that the petitioner had affair with the informant prior to her marriage and after her marriage he is blackmailing her.
4. Learned counsel for the informant/victim as well as AGA has opposed the
submissions made by learned counsel for the petitioner and has submitted that on the basis of the statement of the informant/victim, further implication of the petitioner has been made under section 64 of B.N.S.
5. The counsel for the petitioner prays for and is permitted to incorporate the section 64 B.N.S. in the prayer clause, during the course of the day.
6. After hearing the rival submissions of learned counsel for the parties, this Court reached to the conclusion that, since the police is already investing the matter, therefore, this Court does not intends to interfere with the investigation.
7. Accordingly, the writ petition is disposed of with the direction that till submission of police report under Section173(2) Cr.P.C./193(3)BNSS or till cognizance will taken by the court, the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to cooperation in ongoing investigation.
Order Date :- 5.3.2025/VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad